This guidance note looks at the conditions that must be met in order for a business to recover VAT on costs.
For an overview of input tax more broadly, see the Input tax ― overview guidance note.
For in-depth commentary on the legislation and case law in this area, see De Voil Indirect Tax Service V3.401.
For VAT to be recovered by a business (or other VAT registered person), it must:
have incurred ‘input tax’ in the first place
be entitled to recover that input tax
VATA 1994, ss 24, 26; VIT12100
For input tax to have been ‘incurred’ by a business, the following conditions must be satisfied:
the VAT must have been incurred for business purposes
the VAT must have been properly charged
the business must be the recipient of the supply
VATA 1994, s 24(1); VIT10100
Input tax in this context can be VAT incurred on UK supplies
Taxation of dividend incomeIntroductionA dividend is a distribution of profit by a company to its shareholders.A dividend is not only a payment in cash. It can be the issue of new shares in exchange for forfeiting the right to a cash payment (a stock dividend). For more detail, see the Cash
Trade or hobbyInteraction of hobby farming rules and commercialityFarming has its own set of ‘hobby farming rules’, which historically have stated that a profit must be made every six years. This is known as ‘the five-year rule’, in that there can be five years of losses but there must be a profit
Sales, advertising and marketingExpenditure on sales, advertising and marketing activities may include amounts which are disallowable for the purposes of calculating trading profits. This may be because the expenditure is:•capital in nature (see the Capital vs revenue expenditure guidance note)•not